Summary
recommending sua sponte remand of state criminal prosecution
Summary of this case from Texas v. BurgessOpinion
No. 3:17-cv-1055-B
05-12-2017
THE STATE OF TEXAS, Plaintiff, v. QUINCY BLAKELY, Defendant.
ORDER ACCEPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. An objection was filed by Defendant Quincy Blakely. The District Court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error. Finding no error, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. After filing his objections, Defendant filed a motion for temporary restraining order ("TRO"). But, because the Court has accepted Judge Horan's recommendation that the Court lacks subject matter jurisdiction over this case, necessitating its remand to state court, the Court need not consider the merits of the motion for TRO.
SO ORDERED.
DATE: May 12, 2017
/s/ _________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE